Action Affecting Export Privileges; Petrom GmbH International Trade and Petrom Internacional Trade, S.L., Order Making Order Denying Export Privileges of Petrom GmbH International Trade Applicable to Related Person Petrom Internacional Trade, S.L., 6715-6716 [07-622]
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Federal Register / Vol. 72, No. 29 / Tuesday, February 13, 2007 / Notices
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, that in accordance with the
provisions of Section 766.23(c) of the
Regulations, the Related Person may, at
any time, make an appeal related to this
Order by filing a full written statement
in support of the appeal with the Office
of the Administrative Law Judge, U.S.
Coast Guard ALJ Docketing Center, 40
South Gay Street, Baltimore, Maryland
21202–4022.
Fourth, that this Order does not
prohibit any export, reexport, or other
transaction subject to the Regulations
where the only items involved that are
subject to the Regulations are the
foreign-produced direct product of U.S.origin technology.
Fifth, that this Order shall be
published in the Federal Register and a
copy provided to the Related Person.
This Order is effective upon
publication in the Federal Register.
Entered this 5th day of February, 2007.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 07–621 Filed 2–12–07; 8:45 am]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Petrom GmbH International Trade and
Petrom Internacional Trade, S.L., Order
Making Order Denying Export
Privileges of Petrom GmbH
International Trade Applicable to
Related Person Petrom Internacional
Trade, S.L.
In the Matter of: Petrom GmbH
International Trade, Maria-Theresia
Strasse 26, Munich 81675, Germany,
Respondent, and Petrom Internacional
Trade, S.L., PL. De Verin 2, 28029
Madrid, Spain, c/o Majid Rahmanifar,
Moehlstrasse 31, Munich 81675,
Germany, Related Person.
Pursuant to section 766.23 of the
Export Administration Regulations
(‘‘EAR’’), the Bureau of Industry and
Security (‘‘BIS’’), U.S. Department of
Commerce, through its Office of Export
Enforcement (‘‘OEE’’), has requested
that I make the Denial Order that was
imposed against Petrom GmbH
International Trade (‘‘Petrom GmbH’’)
on June 6, 2005 (70 FR 32743)
applicable to the following entity
(hereinafter, the ‘‘Related Person’’), as a
person related to Petrom GmbH: Petrom
Internacional Trade, S.L., PL. De Verin
2, 28029 Madrid, Spain, c/o Majid
Rahmanifar, Moehlstrasse 31, Munich
81675, Germany.
Section 766.23 of the Regulations
provides that ‘‘[i]n order to prevent
evasion, certain types of orders under
this part may be made applicable not
only to the respondent, but also to other
persons then or thereafter related to the
respondent by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business. Orders that may be made
applicable to related persons include
those that deny or affect export
privileges * * *.’’ 15 CFR 766.23(a).
On June 6, 2005, an Order pursuant to
Part 766 of the Regulations imposing a
twenty-year denial of export privileges
against Petrom GmbH International
Trade, Maria-Theresia Strasse 26,
Munich 81675, Germany (a.k.a. Petrom
GmbH) was published in the Federal
Register to conclude administrative
charges pending against Petrom GmbH
See 70 FR 32473 (June 6, 2005). Petrom
GmbH was found to have conspired and
acted in concert with others known and
unknown, to bring about acts that
constitute violations of the Regulations
by arranging export from the United
States to Iran via Germany of items
subject to the Regulations and the
Iranian Transactions Regulations
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
6715
without the required U.S. government
authorizations and to have solicited on
six separate occasions violations of the
Regulations by ordering the shipment of
the items at issue from the United States
to Iran via Germany. Furthermore, in
making each of these six unlawful
solicitations, Petrom GmbH acted with
knowledge that a violation of the
Regulations was intended to occur, as
Iran was the intended ultimate
destination of the items. All violations
occurred from on or about March 1999
and May 2000.
This Order is an order that may be
made applicable to related persons
pursuant to section 766.23 upon
evidence that indicates that the Related
Person is related to Petrom GmbH by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business, and that it is necessary to add
this entity to the Denial Order imposed
against Petrom GmbH in order to avoid
evasion of that Order. It is my belief that
Petrom, S.L. is related to Petrom GmbH
‘‘by ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business.’’ The determination is based
on evidence establishing that Majid
Rahmanifar is the sole owner of Petrom
GmbH and Petrom, S.L. As such, he
oversees all activities of both
companies. Rahmanifar holds all
nominal capital related to Petrom
GmbH, which was formerly located at
his home.
BIS notified the Related Person of its
plans to take this action on November
20, 2006 in accordance with sections
766.5(b) and 766.23 of the Regulations.
Specifically, BIS provided notice to the
last known address of the Related Party
in Spain in January 2006, which was
returned to BIS unopened. On
November 20, 2006, BIS then provided
notice to Majid Rahmanifar, an
individual in Germany believed to be
associated with the Related Person. The
letter requested a response within 30
days. Rahmanifar signed for the letter,
thereby indicating that he received it.
No response, however, was ever
returned to BIS by the Related Person or
any individual associated with the
Related Person.
Based upon the foregoing, it is my
belief that Petrom, S.L. is related to
Petrom GmbH ‘‘by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business’’ and that it is necessary to
make the Order imposed against Petrom
GmbH applicable to the Related Person
to prevent the evasion of that Order.
It is now therefore ordered,
E:\FR\FM\13FEN1.SGM
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6716
Federal Register / Vol. 72, No. 29 / Tuesday, February 13, 2007 / Notices
First, that having been provided
notice and opportunity for comment as
provided in section 766.23 of the Export
Administration Regulations (the
‘‘Regulations’’), Petrom Internacional
Trade, S.L., PL. De Verin 2, 28029
Madrid, Spain and c/o Moehlstrasse 31,
Munich 81675, Germany (‘‘Related
Person’’) has been determined to be
related to Petrom GmbH International
Trade, Maria-Theresia Strasse 26,
Munich 81675, Germany (a.k.a. Petrom
GmbH) by affiliation, ownership,
control, or position of responsibility in
the conduct of trade or related services,
and it has been deemed necessary to
make the Order denying the export
privileges of Petrom GmbH applicable to
this Related Person in order to prevent
evasion of the Order.
Second, that the denial of export
privileges described in the Order against
Petrom GmbH, which was published in
the Federal Register on June 6, 2005 at
70 FR 32,743, shall be made applicable
to the Related Person until its expiration
on June 6, 2025, as follows:
I. The Related Person, its successors
or assigns, and when acting for or on
behalf of the Related Person, its officers,
representatives, agents, or employees
(collectively, ‘‘Denied Person’’) may not
participate, directly or indirectly, in any
way in any transaction involving any
commodity, software or technology
(hereinafter collectively referred to as
‘‘item’’) exported or to be exported from
the United States that is subject to the
Regulations, or in any other activity
subject to the Regulations, including,
but not limited to:
A. Applying for, obtaining, or using
any license, License Exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or in any
other activity subject to the Regulations;
or
C. Benefiting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or in
any other activity subject to the
Regulations.
II. No person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
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16:55 Feb 12, 2007
Jkt 211001
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing mans installation,
maintenance, repair, modification or
testing.
Third, that in accordance with the
provisions section 766.23(c) of the
Regulations, the Related Person may, at
any time, make an appeal related to this
Order by filing a full written statement
in support of the appeal with the Office
of the Administrative Law Judge, U.S.
Coast Guard ALJ Docketing Center, 40
South Gay Street, Baltimore, Maryland
21202–4022.
Fourth, that this Order does not
prohibit any export, reexport, or other
transaction subject 279 to the
Regulations where the only items
involved that are subject to the
Regulations are the foreign-produced
direct product of U.S.-origin technology.
Fifth, that this Order shall be
published in the Federal Register and a
copy provided to the related Person.
This Order is effective upon
publication in the Federal Register.
Entered this 5th day of February, 2007.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 07–622 Filed 2–12–07: 8:45 am]
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DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Visiting Committee on Advanced
Technology
National Institute of Standards
and Technology; Department of
Commerce.
ACTION: Notice of public meeting.
AGENCY:
SUMMARY: Pursuant to the Federal
Advisory Committee Act, 5 U.S.C. app.
2, notice is hereby given that the
Visiting Committee on Advanced
Technology (VCAT), National Institute
of Standards and Technology (NIST),
will meet Tuesday, March 6, from 9 a.m.
to 5 p.m. and Wednesday, March 7,
from 9 a.m. to 11 a.m. The Visiting
Committee on Advanced Technology is
composed of fifteen members appointed
by the Director of NIST who are eminent
in such fields as business, research, new
product development, engineering,
labor, education, management
consulting, environment, and
international relations.
The purpose of this meeting is to
review and make recommendations
regarding general policy for the
Institute, its organization, its budget,
and its programs within the framework
of applicable national policies as set
forth by the President and the Congress.
The agenda will include an update on
NIST, an overview of NIST and its role
in U.S. science & technology. Several
laboratory tours also will be featured.
The meeting will conclude with an
extended discussion on NIST’s overall
role it plays in the nation’s science and
technology. The agenda may change to
accommodate Committee business. The
final agenda will be posted on the NIST
Web site at https://www.nist.gov/
director/vcat/agenda.htm.
DATES: The meeting will convene on
March 6 at 9 a.m. and will adjourn on
March 7, 2007, at 11 a.m.
ADDRESSES: The meeting will be held in
the Employees Lounge, Administration
Building, at NIST, Gaithersburg,
Maryland. All visitors to the NIST site
will have to pre-register to be admitted.
Please submit your name, time of
arrival, e-mail address and phone
number to Denise Herbert no later than
Thursday, March 1 and she will provide
you with instructions for admittance.
Ms. Herbert’s e-mail address is
denise.herbert@nist.gov and her phone
number is (301) 975–2300.
FOR FURTHER INFORMATION CONTACT:
Denise Herbert, Visiting Committee on
Advanced Technology, National
Institute of Standards and Technology,
E:\FR\FM\13FEN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 29 (Tuesday, February 13, 2007)]
[Notices]
[Pages 6715-6716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-622]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Petrom GmbH International
Trade and Petrom Internacional Trade, S.L., Order Making Order Denying
Export Privileges of Petrom GmbH International Trade Applicable to
Related Person Petrom Internacional Trade, S.L.
In the Matter of: Petrom GmbH International Trade, Maria-Theresia
Strasse 26, Munich 81675, Germany, Respondent, and Petrom Internacional
Trade, S.L., PL. De Verin 2, 28029 Madrid, Spain, c/o Majid Rahmanifar,
Moehlstrasse 31, Munich 81675, Germany, Related Person.
Pursuant to section 766.23 of the Export Administration Regulations
(``EAR''), the Bureau of Industry and Security (``BIS''), U.S.
Department of Commerce, through its Office of Export Enforcement
(``OEE''), has requested that I make the Denial Order that was imposed
against Petrom GmbH International Trade (``Petrom GmbH'') on June 6,
2005 (70 FR 32743) applicable to the following entity (hereinafter, the
``Related Person''), as a person related to Petrom GmbH: Petrom
Internacional Trade, S.L., PL. De Verin 2, 28029 Madrid, Spain, c/o
Majid Rahmanifar, Moehlstrasse 31, Munich 81675, Germany.
Section 766.23 of the Regulations provides that ``[i]n order to
prevent evasion, certain types of orders under this part may be made
applicable not only to the respondent, but also to other persons then
or thereafter related to the respondent by ownership, control, position
of responsibility, affiliation, or other connection in the conduct of
trade or business. Orders that may be made applicable to related
persons include those that deny or affect export privileges * * *.'' 15
CFR 766.23(a).
On June 6, 2005, an Order pursuant to Part 766 of the Regulations
imposing a twenty-year denial of export privileges against Petrom GmbH
International Trade, Maria-Theresia Strasse 26, Munich 81675, Germany
(a.k.a. Petrom GmbH) was published in the Federal Register to conclude
administrative charges pending against Petrom GmbH See 70 FR 32473
(June 6, 2005). Petrom GmbH was found to have conspired and acted in
concert with others known and unknown, to bring about acts that
constitute violations of the Regulations by arranging export from the
United States to Iran via Germany of items subject to the Regulations
and the Iranian Transactions Regulations without the required U.S.
government authorizations and to have solicited on six separate
occasions violations of the Regulations by ordering the shipment of the
items at issue from the United States to Iran via Germany. Furthermore,
in making each of these six unlawful solicitations, Petrom GmbH acted
with knowledge that a violation of the Regulations was intended to
occur, as Iran was the intended ultimate destination of the items. All
violations occurred from on or about March 1999 and May 2000.
This Order is an order that may be made applicable to related
persons pursuant to section 766.23 upon evidence that indicates that
the Related Person is related to Petrom GmbH by ownership, control,
position of responsibility, affiliation, or other connection in the
conduct of trade or business, and that it is necessary to add this
entity to the Denial Order imposed against Petrom GmbH in order to
avoid evasion of that Order. It is my belief that Petrom, S.L. is
related to Petrom GmbH ``by ownership, control, position of
responsibility, affiliation, or other connection in the conduct of
trade or business.'' The determination is based on evidence
establishing that Majid Rahmanifar is the sole owner of Petrom GmbH and
Petrom, S.L. As such, he oversees all activities of both companies.
Rahmanifar holds all nominal capital related to Petrom GmbH, which was
formerly located at his home.
BIS notified the Related Person of its plans to take this action on
November 20, 2006 in accordance with sections 766.5(b) and 766.23 of
the Regulations. Specifically, BIS provided notice to the last known
address of the Related Party in Spain in January 2006, which was
returned to BIS unopened. On November 20, 2006, BIS then provided
notice to Majid Rahmanifar, an individual in Germany believed to be
associated with the Related Person. The letter requested a response
within 30 days. Rahmanifar signed for the letter, thereby indicating
that he received it. No response, however, was ever returned to BIS by
the Related Person or any individual associated with the Related
Person.
Based upon the foregoing, it is my belief that Petrom, S.L. is
related to Petrom GmbH ``by ownership, control, position of
responsibility, affiliation, or other connection in the conduct of
trade or business'' and that it is necessary to make the Order imposed
against Petrom GmbH applicable to the Related Person to prevent the
evasion of that Order.
It is now therefore ordered,
[[Page 6716]]
First, that having been provided notice and opportunity for comment
as provided in section 766.23 of the Export Administration Regulations
(the ``Regulations''), Petrom Internacional Trade, S.L., PL. De Verin
2, 28029 Madrid, Spain and c/o Moehlstrasse 31, Munich 81675, Germany
(``Related Person'') has been determined to be related to Petrom GmbH
International Trade, Maria-Theresia Strasse 26, Munich 81675, Germany
(a.k.a. Petrom GmbH) by affiliation, ownership, control, or position of
responsibility in the conduct of trade or related services, and it has
been deemed necessary to make the Order denying the export privileges
of Petrom GmbH applicable to this Related Person in order to prevent
evasion of the Order.
Second, that the denial of export privileges described in the Order
against Petrom GmbH, which was published in the Federal Register on
June 6, 2005 at 70 FR 32,743, shall be made applicable to the Related
Person until its expiration on June 6, 2025, as follows:
I. The Related Person, its successors or assigns, and when acting
for or on behalf of the Related Person, its officers, representatives,
agents, or employees (collectively, ``Denied Person'') may not
participate, directly or indirectly, in any way in any transaction
involving any commodity, software or technology (hereinafter
collectively referred to as ``item'') exported or to be exported from
the United States that is subject to the Regulations, or in any other
activity subject to the Regulations, including, but not limited to:
A. Applying for, obtaining, or using any license, License
Exception, or export control document;
B. Carrying on negotiations concerning, or ordering, buying,
receiving, using, selling, delivering, storing, disposing of,
forwarding, transporting, financing, or otherwise servicing in any way,
any transaction involving any item exported or to be exported from the
United States that is subject to the Regulations, or in any other
activity subject to the Regulations; or
C. Benefiting in any way from any transaction involving any item
exported or to be exported from the United States that is subject to
the Regulations, or in any other activity subject to the Regulations.
II. No person may, directly or indirectly, do any of the following:
A. Export or reexport to or on behalf of the Denied Person any item
subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Denied Person of the ownership, possession, or
control of any item subject to the Regulations that has been or will be
exported from the United States, including financing or other support
activities related to a transaction whereby the Denied Person acquires
or attempts to acquire such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from the Denied Person of any item subject to
the Regulations that has been exported from the United States;
D. Obtain from the Denied Person in the United States any item
subject to the Regulations with knowledge or reason to know that the
item will be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the
Regulations that has been or will be exported from the United States
and which is owned, possessed or controlled by the Denied Person, or
service any item, of whatever origin, that is owned, possessed or
controlled by the Denied Person if such service involves the use of any
item subject to the Regulations that has been or will be exported from
the United States. For purposes of this paragraph, servicing mans
installation, maintenance, repair, modification or testing.
Third, that in accordance with the provisions section 766.23(c) of
the Regulations, the Related Person may, at any time, make an appeal
related to this Order by filing a full written statement in support of
the appeal with the Office of the Administrative Law Judge, U.S. Coast
Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland
21202-4022.
Fourth, that this Order does not prohibit any export, reexport, or
other transaction subject 279 to the Regulations where the only items
involved that are subject to the Regulations are the foreign-produced
direct product of U.S.-origin technology.
Fifth, that this Order shall be published in the Federal Register
and a copy provided to the related Person.
This Order is effective upon publication in the Federal Register.
Entered this 5th day of February, 2007.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 07-622 Filed 2-12-07: 8:45 am]
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